Revised plan to Daly Field development presented in Fair Lawn

Fair Lawn – The developer for Daly Field presented a new plan to meet the Fair Lawn Planning Board’s condition to better integrate the affordable-housing units.

During the Jan. 14 planning board meeting Landmark at Radburn, LLC representatives explained the changes to the location of the affordable-housing units as well as some market price town houses.

Landmark was granted site plan approval with multiple conditions in November for its development that includes 132 town houses and 33 affordable-housing apartments on Daly Field and the Hayward property along Plaza Road at Coopers Way and by the railroad tracks toward Fair Lawn Avenue.

In its previous plan the affordable-housing units were placed along the railroad tracks, which board members said segregated them from the rest of the development.

The planning board gave its approval to the changes that move nine of the affordable-housing units from the back of the development to one of the buildings along Plaza Road.

Before the planning board heard the application a Superior Court Judge had already ruled in favor of Landmark in a builder’s remedy lawsuit. A builder’s remedy allows developers to compel municipalities to meet their state-mandated affordable housing requirements. The ruling permitted Landmark to build 200 units and the developer reduced it to the current 165.

While board members approved the application after eight months of hearings because of the court ruling, they had a long list of conditions including one that required the developer to come up with another proposal to better integrate the affordable-housing units. Landmark is required by ordinance to integrate the 33 affordable-housing unit as much as it is "feasible."

"I am not satisfied that the applicant met its standard," said Deputy Mayor Edward Trawinski, who also sits on the planning board, when the application was approved. "I really believe the units can be integrated in a feasible manner."

The location of the affordable -housing units has been an argument against the plan by opponents of the development especially since the developer was granted the builder’s remedy based on the fact that the proposal included affordable housing. One of the opponents to the development has been a group of residents, Save Daly Field.

"By submitting its new plan, Landmark has proven that it is absolutely feasible to integrate the affordable units into the balance of the development," said the group’s attorney, Joel Rosen, in a statement about the new plan. "However, in doing so, they have still left over 75 percent of those units along the railroad tracks, without any legal justification for doing so. They certainly are not living up to the spirit of the builder’s remedy as far as this issue is concerned. "

The developer’s plan originally included 33 affordable units with 15 in Building K and remaining units making up all of Building L. Building K and L are located near the railroad tracks. According to the law firm, the new plan has nine affordable units in Building C, which is located near Plaza Road, nine in Building L and Building K remains the same with 15 units.

"In order to comply with the board’s request, Landmark has relocated five market town houses units from Building C to Building L, and has relocated nine affordable units from Building L to Building C," states a letter from Landmark’s law firm, Hutt and Shimanowitz.

Revised plan to Daly Field development presented in Fair Lawn

Fair Lawn – The developer for Daly Field presented a new plan to meet the Fair Lawn Planning Board’s condition to better integrate the affordable-housing units.

During the Jan. 14 planning board meeting Landmark at Radburn, LLC representatives explained the changes to the location of the affordable-housing units as well as some market price town houses.

Landmark was granted site plan approval with multiple conditions in November for its development that includes 132 town houses and 33 affordable-housing apartments on Daly Field and the Hayward property along Plaza Road at Coopers Way and by the railroad tracks toward Fair Lawn Avenue.

In its previous plan the affordable-housing units were placed along the railroad tracks, which board members said segregated them from the rest of the development.

The planning board gave its approval to the changes that move nine of the affordable-housing units from the back of the development to one of the buildings along Plaza Road.

Before the planning board heard the application a Superior Court Judge had already ruled in favor of Landmark in a builder’s remedy lawsuit. A builder’s remedy allows developers to compel municipalities to meet their state-mandated affordable housing requirements. The ruling permitted Landmark to build 200 units and the developer reduced it to the current 165.

While board members approved the application after eight months of hearings because of the court ruling, they had a long list of conditions including one that required the developer to come up with another proposal to better integrate the affordable-housing units. Landmark is required by ordinance to integrate the 33 affordable-housing unit as much as it is "feasible."

"I am not satisfied that the applicant met its standard," said Deputy Mayor Edward Trawinski, who also sits on the planning board, when the application was approved. "I really believe the units can be integrated in a feasible manner."

The location of the affordable -housing units has been an argument against the plan by opponents of the development especially since the developer was granted the builder’s remedy based on the fact that the proposal included affordable housing. One of the opponents to the development has been a group of residents, Save Daly Field.

"By submitting its new plan, Landmark has proven that it is absolutely feasible to integrate the affordable units into the balance of the development," said the group’s attorney, Joel Rosen, in a statement about the new plan. "However, in doing so, they have still left over 75 percent of those units along the railroad tracks, without any legal justification for doing so. They certainly are not living up to the spirit of the builder’s remedy as far as this issue is concerned. "

The developer’s plan originally included 33 affordable units with 15 in Building K and remaining units making up all of Building L. Building K and L are located near the railroad tracks. According to the law firm, the new plan has nine affordable units in Building C, which is located near Plaza Road, nine in Building L and Building K remains the same with 15 units.

"In order to comply with the board’s request, Landmark has relocated five market town houses units from Building C to Building L, and has relocated nine affordable units from Building L to Building C," states a letter from Landmark’s law firm, Hutt and Shimanowitz.